Cloud Visit Privacy Policy

 

Effective Date: August 9, 2023

Updated: August 9, 2023

1. INTRODUCTION
   1. Welcome to the Remote Access platform run by Aurora Information Technology, Inc. d/b/a CloudVisit, ("Cloud Visit", "we", "us" or "our"). Cloud Visit takes its responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all users of our Remote Access platform (the "Platform") (we refer to the Platform and the services we provide as described on our Platform collectively as the "Services"). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data.
   2. "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.
   3. By using the Services, registering for an account with us, visiting our Platform, or accessing the Services, you acknowledge and agree that you will be considered as a “User” of the Platform and/or Services and accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time.
2. WHEN WILL CLOUDVISIT COLLECT PERSONAL DATA?
   1. We will/may collect personal data about you:
   • when you register and/or use our Services or Platform or open an account with us.
   • when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and Services, whether online or by way of a physical form.
   • when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products, Services or the Platform.
   • when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms, emails or other type of messaging systems and/or applications.
   • when you use our electronic services or interact with us via our application or use services on our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our application or website.
   • when you provide us with feedback or complaints or when we perform activities such as speed tests and/or trouble shooting.
   • when you submit your personal data to us for any reason.

   The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

   2. We process the data so that our customers can effectively manage the utilization of the software products they pay for. In providing these Services, we process data our customers submit to the Services or instruct us to process on their behalf in connection with the Services ("Customer Data"). While our customers decide what data to submit, Customer Data typically includes profile information and communications between users or among groups of users (e.g., channels), including message text, files, comments, and links.
3. WHAT PERSONAL DATA WILL CLOUDVISIT COLLECT?
   1. CloudVisit may collect the following personal or Personally Identifiable Information (“PII”) from you:
   • First and last name
   • Business Name or Company
   • E-mail Address
   • Country
   • State or province
   • Phone number
   • Language
   • Geolocation
   • Any other information about the User when the User signs up to use our Services or Platform, and when the User uses the Services or Platform, as well as information related to how the User uses our Services or Platform
   • Any other information that you voluntarily submit to us directly, such as by registering, filling out a form, or using chat functionality.
   2. CloudVisit may also collect the following additional information from you:
   • Your IP address
   • Your geo IP
   • Your browser and search engine information
   • Your device information
   • Your visitor history
   • Your usage of the Platform, including, without limitation, any links or items clicked or pages viewed and statistics
   • Information stored in cookies, pixel tags, or web beacons
   • Analytical data from system proprietary reporting data
   • Any other additional analytic data that you voluntarily submit to the Platform
   • Any other information sent by or associated with the device(s) used to access our Services or Platform
   • Any other information about the User when the User signs up to use our Services or Platform, and when the User uses the Services or Platform, as well as information related to how the User uses our Services or Platform
   3. You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. We reserve the right at our sole discretion to require further documentation to verify the information provided by you.
   4. If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing. Further information on opting out can be found in the section below entitled "How can you withdraw consent, remove, request access to or modify information you have provided to us?". Note, however, that opting out or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services and the Platform. For example, opting out of the collection of location information will cause its location-based features to be disabled.
4. COOKIES
   1. We may from time to time implement "Cookies" or other features to allow us or trusted third parties to collect or share information that will help us improve our Platform and the Services we offer or help us offer new services and features. Cookies are identifiers that are shared between your computer and the Platform to enable the software to recognize your browser and to provide certain features. The Platform uses cookies to understand and save your preferences for future visits; to compile aggregate data about site traffic and site interactions in-order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
   2. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of our Platform or the Services.
5. HOW DO WE USE THE INFORMATION YOU PROVIDE US?
   1. CloudVisit uses this personal or personally identifiable information to (collectively, the “Purposes”):
   • for identification and/or verification
   • Provide you with access to the Platform or allow you to use the Services
   • Personalize your experience to deliver the content and product offerings in which you are most interested
   • Process any requests made by you; process any functionality or business contemplated by the Platform
   • Communicate with you, such as to respond to customer service requests
   • To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience;
   • Identify and fix problems with the Platform and/or Services
   • To maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Platform and/or Services
   • Communicate with you concerning your account
   • Complete a session you initiated or are a participant in
   • Inform you of additional products, services, and functionality being made available through Remote Access or related services being made available by Ericsson
   • To protect personal safety and the rights, property or safety of others;
   • To allow other users to interact or connect with you on the Platform, including to inform you when another User has sent you a private message or posted a comment for you on the Platform
   • To respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on CloudVisit or its business partners;
   • To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
   • To carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
   • To prevent or investigate any actual or suspected violations of our terms of service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us or the use of the Platform;
   • To store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
   • To deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves CloudVisit as a participant or involves only a related corporation or affiliate of CloudVisit as a participant or involves CloudVisit and/or any one or more of CloudVisit 's related corporations or affiliates as participant(s), and there may be other third-party organizations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
   • any other purposes which we notify you of at the time of obtaining your consent.
   2. By continuing using the Platform and/or our Services, you further authorize the following specific uses:
   • Enable your use of the Platform and its associated services
   • Improve algorithms
   • Measure service usage
   • Develop new features
   • Contact and communicate with you, whether through email, telephone, live chat, video and audio conferences or messages within the Platform
   • Customize and/or tailor the Platform and your User experience
   • Aggregate certain information that does not include your personal information and discloses it for analysis, demographic profiling
   • Transmit and process your information and actions within the Website
   • Provide statistical information, and include you in the same, where applicable
   • Provide you with technical service and support, including updates
   • Store, archive, retrieve, and make copies of your User generated content
   • Understand your needs and requests
   • Prevent and detect illegal activities or violations of your Terms of Use
   • Facilitate your use of the Platform and upgrades/replacements to the Platform
   3. We use a proprietary reporting system to log when users view specific pages or take specific actions within the Platform. This information is only shared with our business partners and/or trusted third-parties in-order to improve system performance.
   4. You acknowledge, consent and agree that CloudVisit may access, preserve and disclose your account information and content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over CloudVisit or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority having jurisdiction over CloudVisit; (c) enforce the our terms of service or this Privacy Policy; (d) respond to any threatened or actual claims asserted against CloudVisit or other claim that any content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of CloudVisit, its users and/or the public.
   5. As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
6. HOW DOES CLOUDVISIT PROTECT AND RETAIN CUSTOMER INFORMATION?
   1. We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no guarantee of absolute security.
   2. We will retain personal data in accordance with the privacy laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the applicable privacy laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.
   3. CloudVisit stores and protects your personal or personally identifiable information in the following manner:
   • Your personal information is stored and processed on computers and servers in the United States, European Union and India to which only a limited number of individuals have access and, through your use of the Platform, you acknowledge the processing and storage of your personal and personally identifiable information. You understand that CloudVisit may continue to store your information for a predetermined time after you cease use of the service or disable your account as defined in retention rules and limited by the agreement between CloudVisit and its business partners.
   • CloudVisit uses commercially reasonable efforts and standard technology, such as Malware scanning, and encryption to store and help prevent against the unauthorized disclosure of your information. Though it undertakes commercially reasonable efforts to protect your information, no website, software, or online service is completely safe.
   • To protect your Personal Information, CloudVisit uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web-browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, meaning a secure connection.
   • We retain files, including audio and video recordings, screen captures, checklists, images, and exports, for two years. During this two-year period, CloudVisit users with host, editor, customer and supplier access permissions will have the ability to review retained personal information.
   • After the two-year period we retain files for an additional year during which time only system administrators will have the ability to review and/or restore files. In the case where an administrator restores a file, personal data will be available for host, editor, customer and supplier review for a 30-day period prior to being moved back into restricted view.
7. DOES CLOUDVISIT DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS AND/OR USERS TO OUTSIDE PARTIES?
   1. CloudVisit does not collect or share any of your personal information with any third parties for direct marketing purposes. CloudVisit may share your personal or personally identifiable information with third parties in the following circumstances:
   • Where CloudVisit has obtained your consent
   • Where sharing or disclosure of your personal or personally identifiable information is necessary to allow your use of the Platform and/or provide you with the Services (We may share your personal or personally identifiable information with trusted third parties who assist CloudVisit in operating the Platform, providing the associated services, and conducting our business)
   • Where sharing or disclosure of your personal or personally identifiable information is necessary to share with CloudVisit parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners
   • Where CloudVisit has been purchased by a third-party or in the event of a sale of a substantial share of CloudVisit’s assets
   • Where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities
   • Where your personal or personally identifiable information is demanded by a court order or subpoena
   • Where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, Users, or owners/shareholders of CloudVisit
   • Where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty
   • Where CloudVisit is otherwise legally obligated to share your personal or personally identifiable information
   • When obliged under a contractual obligation with a business partner when your access to the Platform and/or Services has been granted and/or paid by another User (each a “User Organization”), you understand and agree that CloudVisit may share your information with other users that have been pre-approved or approved by your User Organization to complete the services offered.
   2. For the avoidance of doubt, in the event that privacy laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
   3. Third parties may unlawfully intercept or access personal data transmitted to or contained on the Platform, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the law; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
   4. You may stop CloudVisit from collecting your personal or personally identifiable information by ceasing your use of the Platform. You may contact CloudVisit with any requests regarding your information, but CloudVisit reserves the right to request additional information in order to proceed with such request such as for identification and/or legitimacy purposes.
   5. If we receive personal data subject to our certification under the DPF (as this term is defined below) and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the DPF if both (i) the agent processes the personal data in a manner inconsistent with the DPF and (ii) we are responsible for the event giving rise to the damage.
8. PURCHASE OR SALE OF THE WEBSITE AND/OR OTHER ASSETS
   1. CloudVisit may purchase other businesses or sell components of its business, including, but not limited to, the Platform. In the event CloudVisit purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.
9. YOUR OBLIGATIONS WHEN USING THE PLATFORM
   1. By using the Services, registering for an account with us, visiting our Platform, or accessing the Services, or acting in any manner as a User of the Platform and/or Services you expressly agree to:
   • Provide CloudVisit exact and accurate information and inform CloudVisit of any changes to said information.
   • Refrain from performing any action and/or activity to and/or attempt to gain access to any information contained in the Platform and/or managed by CloudVisit through any technology or means.
   • Refrain from impersonating any person or entity, or otherwise misrepresent your identity.
   • Refrain from forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted and/or shared through the Services and/or Platform.
   • Refrain from attempting to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by CloudVisit with respect to the Services and/or data transmitted, processed or stored in the Platform.
   • Refrain from harvesting or collecting any information about or regarding other Account holders, including, without limitation, any personal data or information.
   • Refrain from uploading, transmiting or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment.
   • Refrain from using the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism.
   • Refrain from using the Platform and/or Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury or any other similar, applicable in your country or residence.
   • use the Services and/or Platform to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above,
   2. You also undertake to protect the security of your username, password, and your personal or personally identifiable information as well as, any information you gain access in any way of other users while using the Services and/or Platform.
   3. Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
   • Limits placed on Account privileges
   • Account suspension and subsequent termination.
   • Criminal charges.
   • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
   4. If you believe a user on is violating these Pirvacy Policy, please contact privacypolicy@cloudvisit.com.
   5. By opening an Account, you agree and undertake to provide any information and/or documentation that CloudVisit deems appropriate to evidence that you are not breaching these Privacy Notice and/or the applicable laws.
10. THIRD PARTY SERVICES AND THIRD PARTY LINKS
    1. CloudVisit may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy. You understand and agree that CloudVisit will not be held responsible for any third-party communications sent by entities that CloudVisit does not own or control any third party links (including advertisements). You are encouraged to review any third-arty privacy policies before utilizing any such third party service.
    2. CloudVisit may include or offer third party links, products, and/or services on Ericsson Remote Access and provide third party links to the same. These third party Websites have separate and independent privacy policies. CloudVisit has no responsibility or liability for the content and activities of such third parties and their technology systems. We encourage you to read carefully the privacy policies of all such third party Websites or systems. We seek to protect the integrity of the Platform and therefore welcome any feedback about any such third-party websites or systems.

    For example, CloudVisit relies on Open Street Maps (OSM) to provide accurate and up-to-date geographic information for our users. OSM is a collaborative project that allows anyone to edit and improve the map data, which is then freely available for anyone to use. However, this also means that OSM may contain personal or sensitive information that some users may not want to share with others. For example, OSM may show the location of a user. Therefore, we have implemented several measures to protect the privacy of our users when they use our software with OSM. These include:

    • Encrypting the communication between our software and OSM servers
    • Anonymizing the user's IP address and device information
    • You can find out more about OpenStreet Maps Privacy Policy here.
    • Respecting the user's preferences and settings regarding their data privacy
11. MINORS
    1. The Website is not intended for or directed to Users under the age of 18, and CloudVisit does not knowingly or intentionally collect Personal Information from children under the age of 18 or other minors. Where appropriate, CloudVisit takes reasonable measures to determine that Users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that personal or personally identifiable information may have been inadvertently provided to or collected by CloudVisit, please contact us immediately so appropriate steps may be taken to remove such information from the CloudVisit database.
    2. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 18.
12. Fair Information Practice Principles (“FIPPs”)
    1. The Website is in compliance with the Federal Trade Commission’s FIPPs. In the event of a data breach, we take responsive action by notifying you via e-mail within seven (7) business days of any such breach. Specifically, we adhere to the Individual Redress Principle, which requires individuals to have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law.
13. EU/US Data Privacy Framework:
    1. CloudVisit complies with the EU-U.S. Data Privacy Framework (DPF) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.

    CloudVisit it adheres to the DPF Principles. If there is any conflict between the terms of this privacy policy and the DPF Principles, the DPF Principles shall govern.

    CloudVisit adheres to the DPF Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for personal data submitted by our customers in participating European countries through the Platform and/or Services, and our DPF certification will be shared upon request. We may also process personal data our customers submit relating to individuals in the EU or other countries via other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses.

14. QUESTIONS OR COMPLAINTS
    1. If you are a resident of a European country participating in the DPF and you believe we maintain your personal data within the scope of this DPF certification, you may direct any questions or complaints concerning our DPF compliance to privacypolicy@cloudvisit.comor at our mailing address:

    Aurora Information Technology, Inc., DBA: CloudVisit

    3182 Route 9, Suite 107A

    Cold Spring, New York 10516

    United States of America

    Email: privacypolicy@cloudvisit.com

     

    We will work with you to resolve your issue.

15. DISPUTE RESOLUTION
    1. If you are a resident of a European country participating in DPF and you have not received timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS (formerly known as “Judicial Arbitration and Mediation Services”), which is an independent dispute resolution body in the United States. JAMS maintains a website at https://www.jamsadr.com.
    2. We also commit to cooperate with competent EU data protection authorities (DPAs) with regard to our customers end users’ human resources data transferred from a European country participating in the DPF in the context of the employment relationship.
16. ARBITRATION
    1. You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the DPF must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the DPF, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the DPF Principles with respect to the resident.
17. S. FEDERAL TRADE COMMISSION ENFORCEMENT
    1. Our DPF compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
18. HOW CAN YOU WITHDRAW CONSENT, REQUEST ACCESS TO OR CORRECT INFORMATION YOU HAVE PROVIDED TO US?
    1. Withdrawing Consent
       1. You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at privacypolicy@cloudvisit.com, and we will process such requests in accordance with this Privacy Policy and our obligations under the privacy laws and other applicable law.  However, your withdrawal of consent may mean that we will not be able to continue providing the Services to you and we may need to terminate your existing relationship and/or the contract you have with us.
       2. In the event that you are a User of the Platform and/or Services enabled under a User Organization, we may inform said User Organization that you have withdrew your consent and that you may no longer use the Services and/or Platform.
19. Right of Access
    1. Some international users (including those whose personal data is within the scope of this DPF certification) have certain legal rights to access certain personal data we hold about them and to obtain its correction, amendment or deletion.
    2. We may request additional information in order to proceed with such request such as for identification and/or legitimacy purposes.
20. Requirement to Disclose

    We may disclose personal data when we have a good-faith belief that such action is necessary to: conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to enforce our contractual obligations.

    To learn more about the DPF program, and to view our certification, please visit:

    https://www.dataprivacyframework.gov/